RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03681
            INDEX CODE:  110.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The date of his  discharge  from  the  Inactive  Status  List  Reserve
Section (ISLRS) be changed from 19 Jul 96 to 19 Jul 94.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It was never his intent to remain in the inactive Reserve for over  10
years.

He has been recruited to re-affiliate with the --- Air National  Guard
as a Flight Surgeon; however, it  has  been  discovered  that  he  was
assigned to the Air Reserve Personnel Center  (ARPC)  in  an  inactive
Reserve status from Sep 85 until  Jul 96.   This,  combined  with  his
prior Air Force and Air National Guard time constitutes over 23  years
of Total Federal Commissioned Service (TFCS), requiring him to be  re-
appointed as an 0-6 where no 0-6 position is  available.   His  intent
was not to be assigned to the inactive Reserve for a  length  of  time
that would preclude future unit affiliation.

In support of his appeal, the applicant  provided  extracts  from  his
military personnel records, including copies of his appointment  order
and separation documents.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air  Force
(Medical Service Corps), on 20 Jun 73.  He served on  extended  active
duty (EAD) with the  Air  Force  from  8  Jun  75  to  7 Jun  78,  and
transferred to the Nonaffiliated Reserve Section (NARS) of the  Unites
States Air Force Reserve (USAFR) on  8 Jun 78.   He  was  assigned  to
ISLRS on 20 Nov 79.

On 6 Sep 80, the  applicant  was  appointed  a  captain  in  the  ----
National Guard.  The applicant was honorably discharged from the  ----
Air National Guard on  3  Sep  85  and  was  transferred  to  NARS  on
4 Sep 85.  He was transferred to ISLRS on 20 Oct 87, and  remained  in
ISLRS until 19 Jul 96, when  he  was  honorably  discharged  from  all
appointments in  the  Air  Force.   As  of  retirement/retention  year
closing 5 Sep 86, the applicant was credited with seven (7)  years  of
satisfactory Federal service for retirement.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommended denial indicating that, as required  by  AFI  36-
3209, Separation and Retirement Procedures for Air National Guard  and
Air Force Reserve Members, the  Air  Force  Reserve  Personnel  Center
periodically    screens    officers    assigned    to    ISLRS     for
retention/discharge.  Usually, members who hold non-critical Air Force
Specialty Codes (AFSCs) remain  in  ISLRS  for  three  (3)  years  and
critical AFSCs for seven (7) years or longer unless the member resigns
their commission earlier.  The applicant had a critical AFSC  and  was
retained in ISLRS beyond the three year point.  The applicant remained
in ISLRS for eight (8) years and nine  (9)  months,  and  was  sent  a
Notification of Proposed Action letter giving him the option to resign
or have his case considered by an administrative discharge board for a
one year retention or honorable discharge.  The applicant tendered his
resignation in lieu of having his case considered by an administrative
discharge board on 27 Jun 96, and was discharged on 19 Jul 96.

According to ARPC/DPA, the applicant  was  aware  that  he  was  being
retained in the ISLRS program through Reserve Order HA-151, and  there
was no  evidence  of  him  seeking  an  assignment  or  resigning  his
commission prior to 27 Jun 96.

A complete copy of the ARPC/DPA evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  17
Jan 03 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  The evidence of record indicates
that the applicant was assigned to ISLRS on 20 Oct 87 and remained  in
ISLRS until 19 Jul 96, when  he  was  honorably  discharged  from  all
appointments in the Air Force.  The applicant now  requests  that  his
records be corrected to reflect that he was discharged on 19  Jul  94,
claiming that it was never  his  intent  to  remain  in  the  inactive
Reserve for a period of time that would preclude him from future  unit
affiliation.  However, after  a  thorough  review  of  the  facts  and
circumstances of this case, we find no evidence which would lead us to
believe that the period of time the applicant was  assigned  to  ISLRS
was erroneous, or that he was improperly advised regarding his options
while assigned to ISLRS.  In view of the foregoing, and in the absence
of evidence that he was  treated  differently  than  other  similarly-
situated  individuals,  we  find  no  compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2002-03681 in Executive Session on 13 May 03, under the provisions  of
AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. John B. Hennessey, Member
      Mr. E. David Hoard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPA, dated 13 Jan 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.



                                   MICHAEL K. GALLOGLY
                                   Panel Chair